With regard to the Advisory Jurisdiction of the Supreme Court, consider the following statements: 1. The President of India is bound to accept the advice given by the Supreme Court. 2. The Supreme Court is bound to give advice on every matter referred to it by the President. 3. It allows the government to seek legal opinion on matters of public importance before taking action. Which of the statements given above is/are correct?

Correct Option The correct option is 3 only. Explanation Article 143 of the Constitution of India authorizes the President to seek the opinion of the Supreme Court on specific matters. This is known as the advisory jurisdiction of the Supreme Court. It serves as a mechanism for the executive to obtain high-level judicial opinion on legal questions or matters of public importance. Statement-wise Analysis - Statement 1 is Incorrect. The opinion expressed by the Supreme Court under its advisory jurisdiction is merely advisory in nature and is not a judicial pronouncement. Therefore, it is not binding on the President. The President may follow or disregard the opinion. - Statement 2 is Incorrect. The Supreme Court is not bound to give advice on every matter referred to it. Under Article 143(1), which deals with matters of public importance, the Court may refuse to give an opinion (e.g., in the Ayodhya Reference case, 1993). However, under Article 143(2), regarding disputes arising out of pre-constitution treaties or agreements, the Court is obligated to tender its opinion. Since the statement claims the Court is bound in "every matter," it is factually wrong. - Statement 3 is Correct. The primary objective of Article 143 is to enable the Government of India to obtain an authoritative legal opinion on a question of law or fact of public importance that has arisen or is likely to arise. This helps the government assess the legal validity of its actions before implementation. Key Takeaway Key Takeaway: The advisory jurisdiction (Article 143) is neither binding on the President to accept nor binding on the Supreme Court to deliver in all cases (specifically under Clause 1). It is a consultative function distinct from the Court's adjudicatory functions.

With regard to the Advisory… - NCERT Class 11 Political Science MCQ

NCERT Class 11 Political Science — Chapter 7: Judiciary

mcqmedium

With regard to the Advisory Jurisdiction of the Supreme Court, consider the following statements:

The President of India is bound to accept the advice given by the Supreme Court.
The Supreme Court is bound to give advice on every matter referred to it by the President.
It allows the government to seek legal opinion on matters of public importance before taking action.

Which of the statements given above is/are correct?

NCERT textbook question

From NCERT Political Science: Indian Constitution at Work · Page 133

Options

A1 only
B1 and 2 only
C2 only
D3 only

Did you get this right?

Solution

Correct Option

The correct option is 3 only.

Explanation

Article 143 of the Constitution of India authorizes the President to seek the opinion of the Supreme Court on specific matters. This is known as the advisory jurisdiction of the Supreme Court. It serves as a mechanism for the executive to obtain high-level judicial opinion on legal questions or matters of public importance.

Statement-wise Analysis

Statement 1 is Incorrect. The opinion expressed by the Supreme Court under its advisory jurisdiction is merely advisory in nature and is not a judicial pronouncement. Therefore, it is not binding on the President. The President may follow or disregard the opinion.
Statement 2 is Incorrect. The Supreme Court is not bound to give advice on every matter referred to it. Under Article 143(1), which deals with matters of public importance, the Court may refuse to give an opinion (e.g., in the Ayodhya Reference case, 1993). However, under Article 143(2), regarding disputes arising out of pre-constitution treaties or agreements, the Court is obligated to tender its opinion. Since the statement claims the Court is bound in "every matter," it is factually wrong.
Statement 3 is Correct. The primary objective of Article 143 is to enable the Government of India to obtain an authoritative legal opinion on a question of law or fact of public importance that has arisen or is likely to arise. This helps the government assess the legal validity of its actions before implementation.

Key Takeaway

Key Takeaway: The advisory jurisdiction (Article 143) is neither binding on the President to accept nor binding on the Supreme Court to deliver in all cases (specifically under Clause 1). It is a consultative function distinct from the Court's adjudicatory functions.

Your note

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